**Legatee** (noun) — A person who receives a legacy (a gift of personal property) under the terms of a will. Traditionally, the term distinguished between a legatee (who receives personal property) and a devisee (who receives real property), though in modern usage both are often simply called beneficiaries.
A legatee is someone who receives a gift in a will.
If your aunt's will says "I leave my jewelry to my niece Emma," then Emma is a legatee—she's the person receiving the legacy (the jewelry).
The term is somewhat formal and old-fashioned. In everyday language, and in most modern wills, people use "beneficiary" instead. But legatee still appears in legal documents, particularly when distinguishing between different types of gifts or when being precise about who receives what type of property.
Technically, a legatee receives personal property (like money, cars, furniture, or shares), while someone who receives land or buildings is called a devisee. But this distinction has blurred over time, and many people use legatee or beneficiary to mean anyone who receives anything under a will.
⏱ When you'll encounter this term
Understanding what it means to be a legatee helps clarify your rights and responsibilities if you're named in someone's will.
As a legatee, you have several important rights:
First, you're entitled to receive the legacy left to you, provided the estate is solvent (has enough assets to pay debts and expenses). The executor has a legal duty to distribute the estate according to the will's terms, which includes paying your legacy.
Second, you're entitled to information about the estate administration. While the executor doesn't need to provide you with detailed accounts of every transaction, you can ask about the progress of the administration and when you might expect to receive your legacy.
Third, if the executor is mismanaging the estate or unreasonably delaying distribution, you have standing to apply to the court for intervention.
However, being a legatee also comes with some limitations:
You can't demand your legacy immediately. The executor must first ensure all debts are paid and the estate is properly administered. This takes time—often many months, sometimes over a year for complex estates.
Your legacy might be reduced or eliminated if the estate is insolvent (debts exceed assets). Creditors get paid before beneficiaries, so if there's not enough to go around, legatees might receive less than the will specified or nothing at all.
If your legacy is a specific item that no longer exists when the testator dies (they sold it or gave it away), your legacy fails through ademption. You don't get an equivalent item or the cash value—the gift simply doesn't happen.
As a legatee, you should also be aware of your tax position. In Australia, receiving a legacy generally doesn't attract tax. In other jurisdictions like the UK or certain US states, inheritance tax or estate tax might reduce what you receive, though the tax is usually paid by the estate before distribution.
**Related terms:** [Legacy](/dictionary/legacy), [Beneficiary](/dictionary/beneficiary), Devisee, [Executor](/dictionary/executor)
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